MINUTES
Tuesday, August 15, 2023 5:00 P.M. Closed Session
6:30 P.M. Open Session
REGULAR MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK
SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR
AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY AND MARINA
GROUNDWATER SUSTAINABILITY AGENCY
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
Council Chambers
211 Hillcrest Avenue
Marina, California
AND
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
PARTICIPATION
You may participate in the City Council meeting in person or in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only.
The most effective method of communicat ion with the City Council is by sending an email to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments recei ved will become part of the record.
Council will have the option to modify their action on items based on comments received.
1. CALL TO ORDER: 5:02 PM
2. ROLL CALL & ESTABLISHMEN T OF QUORUM: (City Coun cil, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESENT: Liesbeth Visscher , Brian McCarthy , Kathy Biala , Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: Mayor Pro-Tem/Vice Chair Cristina Medina Dirks en (Excused)
3. PUBLIC COMMENTS ON CLOSED SESSION: None received
MINUTES for City Council Meeting of Tuesday, August 15, 2023 Page 2
4. CLOSED SESSION:
a. Conference wit h Legal Counsel – Existing Litigation (§ 54956.9): Frank Lambert vs. City of Marina , Monterey County Superior Cour t Case No . 22CV000665
b. Property: Los Animas Concrete, 499 9th Street, Marina, CA Negotiating Party: Paul J. Bruno
Negotiator(s): City Manager
Terms: Price and Terms
c. Property: Tarmac Area, 3200 Imjin Road, Marina, CA
Negotiating Party: Joby Aero Inc
Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION A ND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Closed Session: City Council met in Closed Session on 3 items. 4a. Existing Litigation, Frank Lambert vs. City of Marina , t he council approved settlement for the amount of $42,500 with a motion by Mayor Delgado and s econded by Council Member Biala and the city will make those further details known at the next meeting.
As to the other 2 items Las Animas Concrete and negotiations with Joby Aero as to both of those items. Directions were given, and no reportable action taken.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Recreation Announcements
7. COUNCIL AND STAFF ANNOUNCEMENTS:
Mayor Delgado – Announced on September 9, 20 23, will be the Dr. Martin Luther Ling Jr.
Celebration at the Marina Library from 11:00-2:00pm
Alyson Hunter – Informed council of a change to the resolution for agenda i tem 10f(1). The dollar amount on page two of the resolution should be corrected to $497,120.00 which is what is reflected in the grant application.
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City C ouncil’s jurisdict ion that is no t o n the agenda. This is the appro priate place to comment on items on the Consent Age nda. Action will not be taken on items not on the agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the C ity Council . Whenever possible, wr itten correspondence should be submitted to the C ouncil i n advance of the meeting, to provide adequate ti me for its consideration.
• Chandler Roland – Spoke about the MST Surf Line Project. Asked Council to deny project. • Paul Famer, Monterey Council Business Council – Spoke about the Building Business Back Program offered through their organization.
MINUTES for City Council Meeting of Tuesday, August 15, 2023 Page 3
9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background informa tion has been provided to the Successor Agency of the form er Redevelopment Agency on all matters listed under t he Consen t Agenda, and these items are considered to be routine and non -controversial. All items under the Consent Agenda are normally approved b y one motion. Prior to such a motion be ing made, any member of the publ ic or City Council may ask a question o r make a comment about an agenda item and staff may provide a response. If discuss ion or a lengthy explana tion is required, the Council may remove an item from the Con sent Agenda for i ndividual consider ation. If an i tem is p ulled for discussion, it will be placed at the e nd of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
10. CONSENT AGENDA: These items are considered to be routine and non-controversial. All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, a ny member of City Council may ask a question or make a comment about an agend a item and staff may provide a respons e. If discussion or a lengthy explanation is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items. a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 102789- 102954, totaling $2,589,614.41. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) July 18, 2023, Regular City Council Meeting
(2) July 25, 2023, Special City Council Meeting
c. CLAIMS AGAINST THE CITY:
(1) Staff recommends that t he City Counci l reject the following claim and direct sending appro priate notice of rejection to claimant: Michael Castillo, C/o Christopher Goodroe, Wilshire Law Firm for a claim received on August 2, 2023.
(2) Staff recommends that the City Counci l reject the following claim and direct sending app ropriate notice of r ejection to claimant : Juanita Lozano Castillo, C/o Christopher Goodroe, Wilshire Law Firm for a claim received on August 2, 2023.
(3) Staff recommends that the City Counci l reject the f ollowing claim and direct sending app ropriate notice of rejection to claimant: Israel A.
Castillo, C/o Christopher Goodroe, Wi lshire La w Firm for a claim received on August 3, 2023.
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) Adopting Resolution No. 202 3-81, authorizing staff to sub mit a non- competitive grant application to the Cali fornia Coastal Commission in the amount of $500,000 .00 to comprehensively update the City ’s 1982 Local Coastal Program (LCP).
(2) Adopting Resolution No. 2023-82, authorizing change in signatories on the Preston Park Su stainable Community Non -Profit Corporation (PPSC-NPC) capital reserve account.
MINUTES for City Council Meeting of Tuesday, August 15, 2023 Page 4
(3) Adopting Resolution No. 2023 -83 and Resolution 2023-03 (SA- MRA), a uthorizing change in authorized signatories on City General Checking, C ity Payroll Checking and Su ccessor Agency Checking accounts with Chase JPMorgan.
(4) Adopting Resolution No. 202 3-84 and Resolution 2023-04 (SA- MRA), authorizing change in signatories to open investme nt accounts and conduct investment activities as outlined by t he City’ s Investment Policy.
(5) Authorizing staff to prepare a letter of support for Senate Bill 244 (Eggman), Right to Repair Act.
g. APPROVAL OF AGREEMENTS:
(1) Adopting Resolution No. 20 23-85, approving Amendment No. 3 to the agreement for Engineering and Building Co nsulting Services between the City of Marina and CSG Consultants, Inc. of Foster City, California, extending the current contract to June 30, 2025.
(2) Adopting Resolution No. 2023 -86, approving a Lease Agreement between the City of Marina and Desert Star Systems, LLC for 3261 Imjin Road (Building 518) at the Marina Municipal Airport. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS:
(1) Adopting Resolution No. 2023-87, a ccepting the completion of the City of Marina Annual Street Resurfacing 2021 Phase 2 Project. i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Receiving Investments Reports for the City of Marina, City of Marina as Successor Agenc y to the Marina Redevelopment Ag ency, and Preston Park S ustainable Co mmunity Non -profit Corpor ation (PPSC -NPC) for the quarter ended June 30, 2023.
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
BIALA/DELGADO: TO APPROVE THE CONSENT AGENDA WITH THE NOTED CORRECTION TO AGENDA ITEM 10f(1) RESOLUTION. 4-0-1(Medina Dirksen)-0
11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten ( 10) minu tes to speak. Al l other persons may be given up to three (3) minutes to speak on the matter.
a. Open a public hearin g and consider introducing and reading by title only a nd waiving further reading Ordinance 20 23-09, adopting a Comprehensive Tobacco Retailer License; and consider introducing and reading the title only and waiving the further reading of Ordinance 2023-10, establishing a Smoke Free Public Place.
MINUTES for City Council Meeting of Tuesday, August 15, 2023 Page 5
Mayor opened the public hearing for public comments.
• Kathy Gutierrez, Sunstreet Center – Supports the two tobacco ordinances. • Tanja Roos, Blue Zone – Supports the two tobacco ordinances. • Bob Gordon, American Lung Association – Supports the two tobacco ordinances. • Sheila Phan, Breath California – Supports the two tobacco ordinances. • Poonam Solanski – Supports the two tobacco ordinances. • Grace Silva-Santella – Supports the two tobacco ordinances . A sked about enforcement and about the various locations in Marina that would be considered public places that signage will be posted.
• Camille Cummings African American Tobacco Control Leadership Council – Supports the two tobacco ordinances.
• Anne Wheelis, Monterey County Collaborates – Supports the two tobacco ordinances. • Jeff Markham – Support the passing of the two ordinances. • Mike M. – Supports the two tobacco ordinan ces and suggested that advertisements of smoking products be removed altogether.
• Tommy Bolea – Supports the two tobacco ordinances.
City Council discussed legal verbiage for signs posting locations, enforcement , sign designs, tobacco smoke versus cannabis smoke, public outreach on new ordinances, HOA public parks.
MCCARTHY/BIALA: TO APPROVE INTRODUCING AND READING BY TITLE ONLY AND WAIVI NG FURTHER READING ORDINANCE 2023 -09, ADOPTING A COMPREHENSIVE TOBACCO RETAILER LICENSE; AND CONSIDER
INTRODUCING AND READ ING THE TITLE ONLY AND WAIVING THE FURTHER READING OF ORDINANCE 2023 -10, ESTABLISHING A SMOKE FREE PUBLIC PLACE. 4-0-1(Medina Dirksen)-0 Motion Passes by Roll Call Vote
12. OTHER ACTIONS I TEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The S uccessor Agency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
13. OTHER ACTION ITEMS: Action listed for e ach Agenda item is that which is requested by staff. The City C ouncil may, at it s discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No additional major p rojects or programs should be undertake n without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Reso lution No. 20 23-, approving a Lease Agreement between the City of Marina and New Cingular Wireless P CS, LLC for construction an d operation of a tele communications facility on city owned property at the northwest corner of California and 3rd avenue. Postponed to date not certain.
MINUTES for City Council Meeting of Tuesday, August 15, 2023 Page 6
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] Mayor Delgado – Mayor’s met in Sa lians and had the new speaker of the A ssembly of California, Robert Revis, who’s a local and looking forward to hearing from the local cities. b. Council reports on meetings and conferences attended (Gov’t Code Section 53232).
Mayor Delgad o – thanked Carolina Rivera and Andrea W iller for all their hard work on the upcoming MLK Celebration scheduled for September 9th.
Council Member McCarthy – Attended the AM BAG meeting and there wa s discussion about looking at the regional growth forecast. Traditionally, they've used employment as a metric to determine growth and t his year they're looking at 3 different models. They're looking at the traditional employment only base model and then 2 other models that allow for a little bit more local input. Our next meeting will be adopting a model if you have any input that you'd like to show
City Manager Long – Announced the new Finance Director would be starting this week and will be introduced at our next meeting. Provided update on Police Chief recruitment.
Recreation & Cul tural Services Director Willer – provided Council an update on Cha parral and the events at the Marina Equestrian Center.
15. ADJOURNMENT: The meeting adjourned at 8:07 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor